Radiation Safety Amendment Regulation (No. 1) 2010 (Qld)

Queensland Radiation Safety Amendment Regulation (No. 1) 2010 Subordinate Legislation 2010 No. 195 made under the RadiationSafetyAct1999 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Insertion of new pt 2, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 2A Security enhanced source 7A What is a security enhanced source . . . . . . . . . . . . . 3 4 Insertion of new s 8AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8AA Documents relating to proof of identity—Act, s 51 . . . 4 5 Amendment of s 9 (Certain possession, use or transport licences—Act, s 75(3) and (4)). . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Insertion of new s 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9A Relevant offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Insertion of new pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 5A Security requirements for a security enhanced source Division 1 Threat levels 26A Meaning of threat level . . . . . . . . . . . . . . . . . . . . . . . . 6 Division 2 Security measures for a security enhanced source 26B Matters to be included in a security plan—Act, s 34A 7 26C Storage and use of a security enhanced source . . . . 7

Radiation Safety Amendment Regulation (No. 1) 2010 Contents 26D Control of access to, or use of, a security enhanced source ........................... 26E Security equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . 26F Security persons and surveillance . . . . . . . . . . . . . . . 26G Security related information and other records . . . . . 26H Security response arrangements . . . . . . . . . . . . . . . . Division 3 Transport security measures for a security enhanced source 26I Matters to be included in a transport security plan—Act, s 34H . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26J Purpose and risk identification . . . . . . . . . . . . . . . . . . 26K Transportation methods and procedures . . . . . . . . . . 26L Transport security equipment . . . . . . . . . . . . . . . . . . . 26M Transport security persons . . . . . . . . . . . . . . . . . . . . . 26N Control of access to a security enhanced source during transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26O Security related information about transport . . . . . . . 26P Transport security response arrangements . . . . . . . . 8 Amendment of s 53F (Disclosure of protected information) . . . . . 9 Insertion of new s 56A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56A Who pays fee for security check or criminal history check—Act, s 103A . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of s 57 (Waiver of fees—general). . . . . . . . . . . . . . . 11 Insertion of new s 57B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57B Waiver of fee—licensee applying for new licences within the transitional period. . . . . . . . . . . . . . . . . . . . 12 Amendment of s 58 (Refund of fees) . . . . . . . . . . . . . . . . . . . . . . 13 Insertion of new sch 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 1A Security categorisation of a radiation source or an aggregation of radiation sources Part 2 Radionuclide activity values 14 Insertion of new sch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 2A Proof of identity documents 15 Amendment of sch 5 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 9 9 10 10 10 10 11 11 12 12 13 13 14 14 14 15 15 16 16 18 20 21 Page 2 2010 SL No. 195

Radiation Safety Amendment Regulation (No. 1) 2010 [s 1] 1 Short title This regulation may be cited as the Radiation Safety Amendment Regulation (No. 1) 2010 . 2 Regulation amended This regulation amends the Radiation Safety Regulation 1999. 3 Insertion of new pt 2, div 2A Part 2— insert— ‘Division 2A Security enhanced source ‘7A What is a security enhanced source ‘(1) This section prescribes what is a security enhanced source for the Act, schedule 2, definition security enhanced source . ‘(2) A sealed radioactive substance or aggregation of sealed radioactive substances is a security enhanced source if it is classified as security category 1, 2 or 3 under schedule 1A, part 1 according to its activity ratio. ‘(3) For subsection (2), the activity ratio of a sealed radioactive substance is worked out by the following formula— activity ratio = - R ---- AA ---- V --- where— A means the activity of the radionuclide in the sealed radioactive substance, stated in gigabecquerels. RAV means the activity value stated in schedule 1A, part 2 for the radionuclide in the sealed radioactive substance. ‘(4) For subsection (2), the activity ratio of an aggregation of 2 or more sealed radioactive substances is the sum of the activity ratios of the sealed radioactive substances in the aggregation worked out under subsection (3).’. Page 3 2010 SL No. 195

Radiation Safety Amendment Regulation (No. 1) 2010 [s 4] 4 Insertion of new s 8AA Part 3, before section 8A— insert— ‘8AA Documents relating to proof of identity—Act, s 51 ‘(1) This section prescribes, for section 51(1)(c)(ii) and (iii) of the Act, the documents to prove an individual’s or nominated person’s identity. ‘(2) An application for an Act instrument must be accompanied by 2 documents listed in schedule 2A comprising— (a) a certified copy of 1 document from part 1; and (b) a certified copy of 1 document from part 2. ‘(3) In this section— certified copy means a copy of an original document that has been certified by a justice of the peace or a notary public as being a correct copy of the original document. justice of the peace means a justice under the laws of a State or the Commonwealth. notary public means a notary public under the laws of a State, the Commonwealth or a foreign country.’. 5 Amendment of s 9 (Certain possession, use or transport licences—Act, s 75(3) and (4)) (1) Section 9(1)— insert— ‘(g) a possession licence to possess or a use licence to use a radiation source that is a security enhanced source is subject to the condition that the holder of the licence comply with the document entitled ‘Code of Practice for the Security of Radioactive Sources (2007)’ (Radiation Protection Series No. 11), prepared by ARPANSA.’. (2) Section 9(1), editor’s note, ‘(f)’— omit, insert— 2010 SL No. 195 Page 4

Radiation Safety Amendment Regulation (No. 1) 2010 [s 6] ‘(g)’. (3) Section 9(2)— omit, insert — ‘(2) For section 75(4) of the Act— (a) a transport licence is subject to the condition that the holder of the licence comply with the transport code of practice; and (b) a transport licence to transport a radiation source that is a security enhanced source is subject to the condition that the holder of the licence comply with the document entitled ‘Code of Practice for the Security of Radioactive Sources (2007)’ (Radiation Protection Series No. 11), prepared by ARPANSA.’. 6 Insertion of new s 9A After section 9— insert— ‘9A Relevant offences ‘For the Act, schedule 2, definition relevant offence , each of the following offences is prescribed— (a) an offence mentioned in the Criminal Code Act 1995 (Cwlth), chapter 5; (b) an offence mentioned in the Crimes Act 1914 (Cwlth), part 2; (c) an offence under a State law corresponding to an offence mentioned in the Crimes Act 1914 (Cwlth), part 2; (d) an offence under the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (Cwlth), section 9; (e) an offence under the Customs Act 1901 (Cwlth) relating to the importation or exportation of radioactive material; (f) an identity related offence including an offence related to— Page 5 2010 SL No. 195

Radiation Safety Amendment Regulation (No. 1) 2010 [s 7] (i) assuming another person’s identity; or (ii) counterfeiting documents related to a person’s identity; or (iii) falsifying documents related to a person’s identity; (g) an offence related to the hijacking or destruction of an aircraft or sea vessel; (h) an offence involving weapons or explosives including an offence related to possession, supply, production, importation, exportation or unlicensed use; (i) an offence involving prohibited drugs including an offence related to— (i) possession, if the maximum penalty prescribed is more than 2 years imprisonment; or (ii) possession of equipment for the manufacture of a prohibited drug; or (iii) supply, production, importation or exportation; (j) an offence involving the production, importation or exportation of firearms.’. 7 Insertion of new pt 5A After part 5— insert— ‘Part 5A Security requirements for a security enhanced source ‘Division 1 Threat levels ‘26A Meaning of threat level ‘(1) A threat level is an indicator of the likelihood and consequences of a perceived perpetrator acquiring a security enhanced source for a malicious purpose. 2010 SL No. 195 Page 6

Radiation Safety Amendment Regulation (No. 1) 2010 [s 7] ‘(2) For this part, the threat level at a particular time is the threat level decided by the National Threat Assessment Centre and communicated to the commissioner of police. Note — The threat level is ordinarily described as any of the following— • extreme • high • medium • low • very low • negligible ‘(3) In this section— National Threat Assessment Centre means the entity of that name administered within the Australian Security Intelligence Organisation. ‘Division 2 Security measures for a security enhanced source ‘26B Matters to be included in a security plan—Act, s 34A ‘The matters stated in this division are the security measures and particulars that must be stated in a security plan. ‘26C Storage and use of a security enhanced source ‘The security plan must include details of the secure storage and use of a security enhanced source, including— (a) the location of the security enhanced source in the building or facility where it is— (i) stored; or (ii) used in the carrying out of a radiation practice; and (b) a plan of the building or facility in which the security enhanced source is— Page 7 2010 SL No. 195

Radiation Safety Amendment Regulation (No. 1) 2010 [s 7] (i) stored; or (ii) used in the carrying out of a radiation practice; and (c) the administrative security actions proposed to be taken for each threat level to protect the area in which the source is located. ‘26D Control of access to, or use of, a security enhanced source ‘The security plan must include a statement providing details of how access to, or use of, a security enhanced source is to be controlled for each threat level, including— (a) the supervision requirements for persons who may be allowed access to a security enhanced source; and (b) the type of check each person will be required to undertake to gain access to the source; and (c) the physical barriers to deter and delay unauthorised access to the source. Examples of physical barriers — tamper-proof locks, bolts or armoured cupboards ‘26E Security equipment ‘The security plan must include a statement providing details of security equipment used for each threat level to protect a security enhanced source, including— (a) each type of security equipment to be installed including details of— (i) how and when the equipment is to be used; and (ii) the intervals at which the equipment is to be checked for wear and tear and correct operation; and (iii) the outcome of an equipment check; and 2010 SL No. 195 Page 8

Radiation Safety Amendment Regulation (No. 1) 2010 [s 7] (iv) the person who will be required to check the equipment, described by reference to the abilities of the person to perform the task; and (b) procedures to be followed before, during and after a technical service. ‘26F Security persons and surveillance ‘The security plan must include a statement providing details of security persons and surveillance used for each threat level to guard a security enhanced source, including— (a) the duties and responsibilities allocated to persons in charge of security; and (b) how surveillance of a security enhanced source will be conducted. ‘26G Security related information and other records ‘(1) The security plan must include a statement providing details for each threat level of how the possession licensee proposes to record and maintain— (a) inventories and documents related to the management of security enhanced sources; and (b) details about ensuring the security of security related information, including— (i) who is responsible for the information; and (ii) what information must be kept secure; and (iii) where the information is kept; and (iv) who is allowed access to the information; and (v) how the information is kept secure. ‘(2) In this section— security related information means information about the measures and infrastructure used for each threat level to secure a security enhanced source. Page 9 2010 SL No. 195

Radiation Safety Amendment Regulation (No. 1) 2010 [s 7] Example of security related information — information related to a specific security system, pin codes, passwords or where keys are stored ‘26H Security response arrangements ‘The security plan must include a statement providing details of— (a) the contingency and security response arrangements including the process for notification of a security breach; and (b) the actions to be taken in the event of a change in the threat level. ‘Division 3 Transport security measures for a security enhanced source ‘26I Matters to be included in a transport security plan—Act, s 34H ‘The matters stated in this division are the transport security measures and particulars that must be stated in a transport security plan. ‘26J Purpose and risk identification ‘The transport security plan must include a statement providing details of— (a) the purpose or reason for which the source is being transported; and (b) the administrative security actions proposed to be taken for each threat level to address security risks identified. ‘26K Transportation methods and procedures ‘The transport security plan must include a statement providing details for each threat level of— 2010 SL No. 195 Page 10

Radiation Safety Amendment Regulation (No. 1) 2010 [s 7] (a) the vehicle in which the source will be transported and the arrangements for securing the transport during the journey or while stopped en route; and (b) the arrangements for notifying, as considered appropriate, a local police service or the regulatory authority of each jurisdiction in which the source will be transported; and (c) the name, business address and after hours contact details for the consignor, consignee, carrier and, where used, guard or police service; and (d) the means of communicating between the parties involved in the transport of the source; and (e) the contingency or emergency procedures for vehicle accidents or breakdown; and (f) the planned principal route and an alternative route. ‘26L Transport security equipment ‘The transport security plan must include a statement providing details of the type of security related equipment to be used for each threat level, including— (a) how and when the equipment is to be used; and (b) the intervals at which the equipment is to be checked for wear and tear and correct operation; and (c) the outcomes of the checking procedures; and (d) the person who will be required to check the equipment, described by reference to the abilities of the person to perform the task. ‘26M Transport security persons ‘The transport security plan must include a statement providing details of the security persons used for each threat level to guard a security enhanced source during transport, including— Page 11 2010 SL No. 195

Radiation Safety Amendment Regulation (No. 1) 2010 [s 7] (a) allocated duties and responsibilities for persons in relation to the security requirements; and (b) the type of security check each person will be required to undergo in order to undertake their transport related activities with the source; and (c) the security briefing for persons involved in the transport of the source including the nature of the threat, the threat level, contingency procedures and security response arrangements. ‘26N Control of access to a security enhanced source during transport ‘The transport security plan must include a statement providing details for each threat level of— (a) how access to the source will be controlled; and (b) the supervision requirements of persons who may be allowed access to a security enhanced source. ‘26O Security related information about transport ‘(1) The transport security plan must include a statement providing details for each threat level of how the possession licensee will secure security related information, including— (a) who is responsible for the information; and (b) what information must be kept secure; and (c) where the information is kept; and (d) who is allowed access to the information; and (e) how the information is kept secure. ‘(2) In this section— security related information means information about the measures and infrastructure used for each threat level to secure a security enhanced source during transport. 2010 SL No. 195 Page 12

Radiation Safety Amendment Regulation (No. 1) 2010 [s 8] Example of security related information — information related to travel routes, pin codes, passwords or where keys are stored ‘26P Transport security response arrangements ‘The transport security plan must include a statement providing details of— (a) the contingency and transport security response arrangements including the process for notification of a security breach; and (b) the actions to be taken in the event of a change in the threat level.’. 8 Amendment of s 53F (Disclosure of protected information) Section 53F— insert— ‘(c) to protect national security, including, for example— (i) to facilitate the tracking of radiation sources within or outside Australia; and (ii) to enable State or national alerts, advisories and other relevant information to be provided about an incident involving a radiation source; and (iii) in the case of a security breach relating to a radiation source, to enable a coordinated response to be initiated and implemented; and (iv) to monitor and evaluate initiatives implemented to ensure the security of radiation sources; and (v) to help the development, review or improvement of policies, operational guidelines, codes, standards or legislation relating to national security; and (vi) to develop or implement training programs about the security of radiation sources, including Page 13 2010 SL No. 195

Radiation Safety Amendment Regulation (No. 1) 2010 [s 9] policies, codes, standards or legislation relating to the programs; and (vii) to undertake or facilitate research about best practice associated with the security of radiation sources.’. 9 ‘56A Insertion of new s 56A After section 56— insert— Who pays fee for security check or criminal history check—Act, s 103A ‘The following person must pay the prescribed fee for a security check or criminal history check— (a) for a check for an individual applicant for a licence—the applicant; (b) for a check for the nominated person for a corporation that is an applicant for a licence—the corporation; (c) for a check for a person who is to have access to a security enhanced source under the approved security plan for the source—the possession licensee requesting the check; (d) for a check for a person who is to have access to a security enhanced source under the approved transport security plan for the transport of the source—the transport security plan holder requesting the check.’. 10 Amendment of s 57 (Waiver of fees—general) Section 57(9)— insert— ‘(c) the fee for approval to acquire; (d) the fee for approval to relocate.’. 2010 SL No. 195 Page 14

Radiation Safety Amendment Regulation (No. 1) 2010 [s 11] 11 Insertion of new s 57B After section 57A— insert— ‘57B Waiver of fee—licensee applying for new licences within the transitional period ‘(1) This section applies if a relevant licensee makes a relevant application and a relevant licence fee becomes payable. ‘(2) The relevant licence fee, otherwise payable under this regulation, is not payable by the relevant licensee. ‘(3) In this section— relevant application means— (a) an application for a new possession licence under section 232(4) of the Act; or (b) an application for a new use licence under section 233(2) of the Act; or (c) an application for a new transport licence under section 234(2) of the Act. relevant licence fee means— (a) the application fee for a possession licence—schedule 5, item 1(a); or (b) the base fee for a possession licence for 1 year or less—schedule 5, item 2(a)(i); or (c) the application fee for a use or transport licence—schedule 5, item 7; or (d) the use or transport licence fee for 1 year or less—schedule 5, item 8(a). relevant licensee means— (a) a possession licensee to whom section 232 of the Actapplies; or (b) a use licensee to whom section 233 of the Act applies; or Page 15 2010 SL No. 195

Radiation Safety Amendment Regulation (No. 1) 2010 [s 12] (c) a transport licensee to whom section 234 of the Actapplies.’. 12 Amendment of s 58 (Refund of fees) Section 58— insert— ‘(2) The chief executive must not refund any of the following fees— (a) an application by a possession licensee to change the licensee’s approved security plan; (b) an application for approval of a transport security plan; (c) an application by a transport security plan holder to change the holder’s approved transport security plan; (d) an application for approval to acquire; (e) an application for approval to dispose; (f) an application for approval to relocate; (g) an application by the holder of a conditional Act instrument to change the conditions of the instrument imposed by the chief executive; (h) an application by a possession licensee to change the licensee’s approved radiation safety and protection plan for a radiation practice.’. 13 Insertion of new sch 1A After schedule 1— insert— 2010 SL No. 195 Page 16

Radiation Safety Amendment Regulation (No. 1) 2010 [s 13] ‘Schedule 1A Security categorisation of a radiation source or an aggregation of radiation sources section 7A ‘Part 1 Security Category 1 2 3 4 5 Security categories Activity ratio Greater than 1000 Less than 1000 but greater than or equal to 10 Less than 10 but greater than or equal to 1 Less than 1 but greater than or equal to 0.01 Less than 0.01 ‘Part 2 Radionuclide activity values Item Column 1 Radionuclide 1 Americium-241 2 Americium-241/Beryllium 3 Cadmium-109 4 Caesium-137 5 Californium-252 6 Cobalt-57 7 Cobalt-60 8 Curium-244 9 Gadolinium-153 Page 17 Column 2 Activity Value (GBq) 60 60 2 x 10 4 100 20 700 30 50 1 x 10 3 2010 SL No. 195

Radiation Safety Amendment Regulation (No. 1) 2010 [s 14] Item Column 1 Column 2 Radionuclide Activity Value (GBq) 10 Germanium-68 700 11Gold-198 200 12 Iodine-125 200 13 Iodine-131 200 14 Iridium-192 80 15 Iron-55 8 x 10 5 16 Krypton-85 3 x 10 4 17 Molybdenum-99 300 18 Nickel-63 6 x 10 4 19 Palladium-103 9 x 10 4 20 Phosphorus-32 1 x 10 4 21 Plutonium-238 60 22 Plutonium-239/Beryllium 60 23 Polonium-210 60 24 Promethium-147 4 x 10 4 25 Radium-226 40 26 Ruthenium-106 (Rhodium-106) 300 27 Selenium-75 200 28 Strontium-90 (Yttrium-90) 1 x 10 3 29 Technetium-99m 700 30 Thallium-204 2 x 10 4 31 Thulium 2 x 10 4 32 Tritium (H-3) 2 x 10 6 33 Ytterbium-169 300 34 All other radioisotopes 20’. 14 Insertion of new sch 2A After schedule 2— insert— 2010 SL No. 195 Page 18

Radiation Safety Amendment Regulation (No. 1) 2010 [s 14] ‘Schedule 2A Proof of identity documents section 8AA ‘Part 1 Primary identity documents 1. Australian birth certificate 2. overseas birth certificate accompanied by a passport or Australian visa document issued by the Commonwealth Department of Immigration and Citizenship 3. document of identity recognised by the Commonwealth Department of Immigration and Citizenship 4. Australian passport that is current or has not been expired for more than 2 years 5. current foreign passport 6. document evidencing Australian citizenship issued by the Commonwealth Department of Immigration and Citizenship 7. Australian driver’s licence that is current or has not been expired for more than 2 years ‘Part 2 Secondary identity documents 1. current identification card issued by the Commonwealth or State as evidence of the person’s entitlement to a financial benefit Example — 1 seniors health card 2 health care card 3 medicare card 4 pensioner concession card Page 19 2010 SL No. 195

Radiation Safety Amendment Regulation (No. 1) 2010 [s 15] 5 entitlement card issued by the Department of Veteran’s Affairs 2. current account card or credit card, issued by a financial institution, that contains the person’s name and signature 3. account statement issued by a financial institution within the previous year 4. document evidencing discharge from military service within the previous 2 years 5. student identification card containing the person’s photograph and signature that is current or has not been expired for more than 2 years 6. document evidencing enrolment in an education institution within the previous 2 years 7. document evidencing electoral enrolment within the previous 2 years 8. utilities account statement issued by a utilities provider within the previous year 9. notice of land valuation, water rates or council rates issued within the previous year’. 15 Amendment of sch 5 (Fees) (1) Schedule 5, item 1— omit, insert— ‘1 Application fee for a possession licence— (a) for possession of a radioactive substance that is a security enhanced source . . . . . . . . . . . . . . . . . . . . . . 700.00 (b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359.00’. (2) Schedule 5, part 4— insert— ‘20 Application by possession licensee to change the licensee’s approved security plan (Act, s 34D(2)(b)) . . . . 21 Application for approval of a transport security plan (Act, s 34J(1)(c)(iii)). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359.00 359.00 2010 SL No. 195 Page 20

Radiation Safety Amendment Regulation (No. 1) 2010 [s 16] 22 Application by transport security plan holder to change the holders’ approved transport security plan (Act, s 34O(2)(b)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359.00 23 Security check and criminal history check (Act, s 103A(3)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85.00’. 16 Amendment of sch 6 (Dictionary) Schedule 6— insert— ‘ administrative security actions means administrative procedures, security checks, assessments and other measures to deal with risks to the security of a security enhanced source at different threat levels. document of identity means any document given by a person to the Commonwealth Department of Immigration and Citizenship for the purpose of proving their identity. security enhanced source see section 7A. threat level see section 26A.’. ENDNOTES 1 Made by the Governor in Council on 29 July 2010. 2 Notified in the gazette on 30 July 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Health. © State of Queensland 2010 Page 21 2010 SL No. 195